Jeffrey Galvin, of Downey Brand LLP, has made available for download his article, When Can California Trustees Use Trust Funds to Hire Lawyers?, published in JDSUPRA. The abstract is as follows:
Many family member trustees are uncertain about whether and to what extent they can use trust assets to obtain legal representation. For example, when two parents choose their daughter, upon their incapacity or death, to administer their trust as the successor trustee, the daughter may be unsure whether she can use trust money to hire a lawyer to help her deal with demands and complaints from her brother.
In this post, we’ll review basic principles of California law with respect to when a trustee can pay a lawyer at the trust’s expense. Spoiler alert: it may be best to take the Buick and leave the Rolls at home.
Posted by Jessica Ji, Associate Editor, Wealth Strategies Journal.